Brian Stanley (Laois-Offaly, Sinn Fein)
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268. To ask the Minister for Health his plans to put a complaint mechanism in place for residents of nursing homes and their families given that at present HIQA cannot investigate individual complaints. [24971/21]

Brian Stanley (Laois-Offaly, Sinn Fein)
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269. To ask the Minister for Health the procedures in place to deal with welfare concerns regarding vulnerable residents in nursing homes at weekends. [24979/21]

Brian Stanley (Laois-Offaly, Sinn Fein)
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281. To ask the Minister for Health the protocol in place in circumstances (details supplied). [25022/21]

Mary Butler (Waterford, Fianna Fail)
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I propose to take Questions Nos. 268, 269 and 281 together.

Where an issue arises with respect to an individual nursing home, the procedure in place and the best course of action is to engage with the nursing home itself, specifically through its complaints process. In accordance with Regulation 34 of S.I. No. 415/2013 - Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013, registered providers of nursing home care are obliged to provide an accessible and effective complaints procedure. The registered provider is required to make each resident and their family aware of the complaints procedure as soon as is practicable following admission. The Office of the Ombudsman can examine complaints about the actions of a range of public bodies and complaints relating to the administrative actions of private nursing homes. The Office of the Ombudsman normally only deals with a complaint once the individual has engaged with the nursing homes' established complaint’s procedure.

Individuals may also wish to raise their concerns with the Chief Inspector for Social Services in HIQA. As the independent regulator of nursing homes, the Chief Inspector has no formal legal role in examining individual complaints, however, they do take into account all information received, including complaints from the public, when carrying out inspections. If a concern is raised about a nursing home, the Chief Inspector reviews all information received to inform its on-going risk-based regulation activities.

In relation to the Deputy’s question on consultation with families I would like to advise that under the Care and Welfare Regulations the person in charge is required to prepare a care plan for a resident. This should be formally reviewed, at intervals not exceeding 4 months, and where necessary, revised after consultation with the resident concerned and where appropriate that resident’s family. In addition Regulation 23 requires that there is an annual review of the quality and safety of care delivered to residents in the designated centre and that this is prepared in consultation with residents and their families.

Regulation 25 (4) provides that a discharge shall be discussed, planned for and agreed with a resident and, where appropriate, with their family or carer, and in accordance with the terms and conditions of the contract agreed in accordance with Regulation 24.

Regulation 13 (1) provides that where a resident is approaching the end of his or her life, the person in charge shall ensure that where the resident indicates a preference as to his or her location (for example a preference to return home or for a private room), such preference shall be facilitated in so far as is reasonably practicable.

A registered provider shall also, in so far as is reasonably practical, ensure that a resident has access to independent advocacy services.